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Last Updated on: 1st August 2023, 01:29 am
Homicide is a killing of a human being. Many people do not know that homicide is not illegal if someone has a legal excuse or justification such as self-defense. Homicide will result in a murder charge when a person has no legal justification of killing a human being. The homicide becomes unlawful.
In general, murder is described as homicide plus malice. In other words, the killing of a human being done with premeditation and deliberation. In Brooklyn, a person can be arrested for many crimes involving homicide such as murder in the second degree.
Murder in the second degree is outlined in New York Penal Code 125.25.
Murder in the Second Degree is Committed with Deliberation and Premeditation
Murder in the first degree is done with deliberation and premeditation. Deliberation means the person thought about committing the crime. Premeditation means that the person planned to kill. First degree murder includes acts such as killing a peace or police officer, killing someone during another crime and a heinous crime.
Murder in the second degree is the catch-all murder charge. It does not involve deliberation and premeditation. You or a loved one can be charged with second degree murder because:
• You allegedly intended to kill another person, but caused the death of a third party instead
• You allegedly showed depraved indifference to human life and caused someone’s death. This means you did not care about harming someone and put innocent people at risk of harm.
• You allegedly acted alone or with another person to attempt and/or complete a felony crime such as sexual abuse, robbery, arson or burglary and cause someone’s death
• You allegedly recklessly engage in reckless conduct and showed depraved indifference to human life and caused the death of a minor. This minor must be 11 years old or younger.
• You allegedly committed sexual abuse or a criminal sexual act and intentionally caused the death of a person 14 years old or younger.
Murder in the Second-Degree Penalties
Second degree murder is a Class A-I felony. The specific penalty depends on the nature of the crime. For instance, person is convicted of murdering a victim younger than 14 years old while committing sexual abuse or criminal sexual act will receive a different punishment. They will spend life in prison without parole.
All other convictions of murder in the second degree is 15 to 25 years in prison.
Defenses to a Brooklyn Murder in the Second Degree Charge
A criminal defense is a way to show a jury or judge that a person should not be convicted of a crime. A second degree murder defenses includes a lot of justifiable reasons the death happened. The defenses also show complete innocence. The most common defenses to murder in the second degree are:
• Alibi: This means you are complete innocent because you were not at the crime scene. You have witnesses to prove your alibi.
• Self-Defense: The alleged victim was trying to harm you and you used the same amount of force against you to protect yourself from harm.
• Defense of Others: You were protecting someone from harm when the death occurred.
• Infancy: You were under the age of 13 years old at the time of the alleged victim’s death
Another option is to attack the elements of the charge such as lack of intent to kill.
Contact a Brooklyn Criminal Attorney about Your Murder in the Second Degree Charge
Murder in the second degree is refers to killing another human being without malice. It still means spending serious time in prison. To prove your innocence, get the charges dropped or reduce, you need the help of an attorney.
Contact us immediately for help. During our initial consultation, we will discuss the case in-depth. This will help us determine the best defense to use and how to get the charge reduced or dropped. We will discuss many defenses not explained here. Contact us for help today.
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